Potts v. State, 571 S.W.2d 180 (Tex. Crim. App. 1978). · Go Syfert
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Potts v. State, 571 S.W.2d 180 (Tex. Crim. App. 1978). Cases Citing This Book View Copy Cite
117 citation events (76 in the last 25 years) across 2 distinct courts.
Strongest positive: Christopher Ray Weatherspoon v. State, No. 03-15-00237-CR (Tex. App.—Austin Sept. 28, 2015)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
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At page 182 Affirming sufficiency of judicial confession to support conviction33 citing cases“i judicially confess that on the 18 day of december 1975, in dallas county, texas, with the intent to deprive the owner, barney topporoff, of property, namely, five pantsuits, i did intentionally and knowingly unlawfully exercise control over such property which had a value of at least 200.00 but l…”3 citing courts quote it
  • Christopher Ray Weatherspoon v. State, No. 03-15-00237-CR (Tex. App.—Austin Sept. 28, 2015).published
    App. (1972), the State introduced into evidence a written stipulation: “On November 26, 1969, in Harris Co., Texas, I Carol Knight, did without malice aforethought kill James Edward Knight by shooting him with a gun.” 20 was sworn and made…
  • Walter Lee Scott, Jr. v. State, No. 03-15-00096-CR (Tex. App.—Austin Mar. 24, 2015).published
    App. 1972) (Appellant was sworn and made a judicial confession); and Potts v. State, 571 S.W.2d 180, 181 (Tex. Crim.
  • Shawn Ray Evans v. the State of Texas, No. 09-21-00237-CR (Tex. App.—Beaumont Aug. 30, 2023).unpublished
    “It is well settled that a judicial confession standing alone, is sufficient to sustain a conviction upon a guilty plea.” Potts v. State, 571 S.W.2d 180, 182 (Tex. Crim.
  • Nicolette L. Collins v. State, No. 02-20-00115-CR (Tex. App.—Fort Worth Apr. 8, 2021).unpublished
    Potts v. State, 571 S.W.2d 180, 182 (Tex. Crim.
  • State v. Arizmendi, 519 S.W.3d 143 (Tex. Crim. App. 2017).published
    Potts v. State, 571 S.W.2d 180, 182 (Tex. Crim.
  • Fred Wright, Jr. v. State, No. 06-15-00153-CR (Tex. App.—Texarkana June 6, 2016).unpublished
    App. [Panel Op.] 1979) (op. on reh’g); Potts v. State, 571 S.W.2d 180, 182 (Tex. Crim.
  • Jessica Boyett v. State, No. 06-15-00023-CR (Tex. Crim. App. Dec. 4, 2015).published 2 cites
    Ed. 2d 694 (1966) . . . . . . . . . . . . . . . . . . . . . . 22 Potts v. State, 571 S.W.2d 180, 182 (Tex. Crim.
  • Rodney Boyett v. State, No. 06-15-00024-CR (Tex. App.—Texarkana Nov. 9, 2015).published 2 cites
    Ed. 2d 694 (1966) . . . . . . . . . . . . . . . . . 20 Potts v. State, 571 S.W.2d 180, 182 (Tex. Crim.
  • Michael Fitzgerald Reese v. State, No. 13-13-00616-CR (Tex. App.—Corpus Christi July 20, 2015).unpublished
    Potts v. State, 571 S.W.2d 180, 182 (Tex. Crim.
  • Jamal Tyrece Tennon v. State, No. 06-14-00061-CR (Tex. App.—Texarkana Nov. 7, 2014).unpublished
    App. [Panel Op.] 1979) (op. on reh’g); Potts v. State, 571 S.W.2d 180, 182 (Tex. Crim.
Show 23 more citing cases
  • Don Clayton Cooksey v. State, No. 06-13-00096-CR (Tex. App.—Texarkana July 9, 2014).unpublished 2 cites
    App. 1979) (stipulation’s incorporation of phrase “as charged in the indictment” is sufficient) (citing Potts v. State, 571 S.W.2d 180, 182 (Tex. Crim.
  • Valley Baptist Med. Ctr., in Its Assumed or Common Name, Previously Named as Valley Baptist Hosp. v. Sharon Satterfield, Individually & as Rep. of the Est. of Alfred Dean Satterfield, & Talman Ray Satterfield, Individually, No. 13-12-00343-CV (Tex. App.—Corpus Christi Aug. 16, 2012).unpublished
    App. 2009) (citing Potts v. State, 571 S.W.2d 180, 182 (Tex. Crim.
  • John Medellin v. State, No. 13-11-00109-CR (Tex. App.—Corpus Christi Aug. 31, 2011).unpublished
    He does not dispute that both ―John Medellin‖ and ―Juan Medellin‖ refer to him. 5 correct will constitute a judicial confession sufficient to support a judgment of conviction.‘‖ Menefee, 287 S.W.3d at 16 n.30 (quoting Potts v. State, 571 S…
  • Arturo Chavira v. State, No. 13-10-00002-CR (Tex. App.—Corpus Christi July 14, 2011).unpublished 2 cites
    App. 2009) (internal footnotes, citations, and quotation marks omitted). ―An affirmation of the indictment as true and correct will constitute a judicial confession sufficient to support a judgment of conviction.‖ Id. at 16 n.30 (quoting P…
  • Oscar Martinez v. State, No. 13-09-00651-CR (Tex. App.—Corpus Christi Mar. 24, 2011).unpublished 2 cites
    App. 2009) (internal footnotes, citations, and quotation marks omitted). ―‗[A]n affirmation of the indictment as true and correct will constitute a judicial confession sufficient to support a judgment of conviction.‘‖ Id. at 16 n.30 (quoti…
  • Tijerina v. State, 264 S.W.3d 320 (Tex. App.—San Antonio 2008).published
    (Tex.Crim.App. [Panel Op.] 1978)
  • Detta Sanders v. State, No. 07-07-00268-CR (Tex. App.—Amarillo Aug. 5, 2008).unpublished 2 cites
    Id. at 182.
  • Timothy Tijerina v. State, No. 04-06-00527-CR (Tex. App.—San Antonio May 28, 2008).published
    See Dinnery , 592 S.W.2d at 353 ; Potts v. State , 571 S.W.2d 180, 182 (Tex. Crim.
  • Tammie M. Schulenberg v. State, No. 07-04-00398-CR (Tex. App.—Amarillo May 13, 2005).unpublished 2 cites
    Id. at 182.
  • Clayton Daniel Wilson v. State, No. 02-03-00255-CR (Tex. App.—Fort Worth Feb. 26, 2004).unpublished
    App. [Panel Op.] 1980) (op. on reh'g). 4: Potts v. State , 571 S.W.2d 180, 182 (Tex. Crim.
  • Clayton Daniel Wilson v. State, No. 02-03-00256-CR (Tex. App.—Fort Worth Feb. 26, 2004).unpublished
    Potts v. State , 571 S.W.2d 180, 182 (Tex. Crim.
  • Hernandez, Jr., Robert P. v. State, No. 13-99-00663-CR (Tex. App.—Corpus Christi Dec. 29, 2000).unpublished
    Potts v. State , 571 S.W.2d 180, 182 (Tex. Crim.
  • Marcus Levinsky Wade v. State, No. 03-94-00572-CR (Tex. App.—Austin Aug. 16, 1995).unpublished
    App. 1979); Potts v. State , 571 S.W.2d 180, 182 (Tex. Crim.
  • Lopez v. State, 852 S.W.2d 695 (Tex. App.—Corpus Christi 1993).published
    Potts v. State, 571 S.W.2d 180, 182 (Tex.Crim.App.1978).
  • Osborne v. State, 845 S.W.2d 319 (Tex. App.—Houston [1st Dist.] 1993).published
    Potts v. State, 571 S.W.2d 180, 182 (Tex.Crim.App.1978); Harmon *323 v. State, 649 S.W.2d 93, 95 (Tex.App.—Corpus Christi 1982, no pet.). 5 .
  • Munoz v. State, 840 S.W.2d 69 (Tex. App.—Corpus Christi 1993).published
    Potts v. State, 571 S.W.2d 180, 182 (Tex.Crim.App.1978); Elliott v. State, 768 S.W.2d 351, 353 (Tex.App.—Corpus Christi 1989, no pet.).
  • Hayden v. State, 818 S.W.2d 194 (Tex. App.—Corpus Christi 1991).published
    Potts v. State, 571 S.W.2d 180, 182 (Tex.Crim.App.1978); Richardson v. State, 482 S.W.2d 645, 646 (Tex.Crim.App.1972); Elliott v. State, 768 S.W.2d 351, 353 (Tex.App.— Corpus Christi 1989, no pet.); Harmon v. State, 649 S.W.2d 93, 95 (Tex.…
  • Watson v. State, 730 S.W.2d 150 (Tex. App.—Amarillo 1987).published
    Potts v. State, 571 S.W.2d 180, 182 (Tex.Cr.App.1978).
  • Bagster v. State, 665 S.W.2d 211 (Tex. App.—San Antonio 1984).published
    Potts v. State, 571 S.W.2d 180, 182 (Tex.Cr.App. 1978).
  • James Fountain v. State, No. 03-17-00699-CR (Tex. App.—Austin Aug. 3, 2018).unpublished
    (concluding that “an affirmation of the indictment as true and correct will constitute a judicial confession sufficient to support a judgment of conviction)
  • Pitts v. State, 896 S.W.2d 802 (Tex. App.—Dallas 1995).published
    (Tex.Crim.App. [Panel Op.] 1978)
  • Rexford v. State, 818 S.W.2d 494 (Tex. App.—Houston [1st Dist.] 1991).published 2 cites
    (judicial confession affirmed in court by appellant was sufficient to support conviction)
  • Clifton Carl Lamar v. State, No. 03-14-00729-CR (Tex. App.—Austin Feb. 26, 2015).published
At page 181 Sustaining conviction based on judicial confession13 citing casesAppellant took the stand and testified.3 citing courts put it this way · 11 listed here
  • Christopher Ray Weatherspoon v. State, No. 03-15-00237-CR (Tex. App.—Austin Sept. 28, 2015).published
    (Appellant took the stand and testified.)
  • Walter Lee Scott, Jr. v. State, No. 03-15-00096-CR (Tex. App.—Austin Mar. 24, 2015).published
    (Appellant took the stand and testified.)
  • Clifton Carl Lamar v. State, No. 03-14-00729-CR (Tex. App.—Austin Feb. 5, 2015).published
    (Appellant took the stand and testified.)
  • Fernando Torres v. State, No. 04-15-00331-CR (Tex. App.—San Antonio Oct. 19, 2015).published
    Potts v. State, 571 S.W.2d 180, 181-82 (Tex. Crim.
  • John Garza v. State, No. 03-11-00510-CR (Tex. App.—Austin Feb. 4, 2014).unpublished
    Potts v. State, 571 S.W.2d 180, 181-82 (Tex. Crim.
  • Detta Sanders v. State, No. 07-07-00268-CR (Tex. App.—Amarillo Aug. 5, 2008).unpublished 2 cites
    Id. at 182.
  • Tammie M. Schulenberg v. State, No. 07-04-00398-CR (Tex. App.—Amarillo May 13, 2005).unpublished 2 cites
    Id. at 182.
  • Jones v. State, 857 S.W.2d 108 (Tex. App.—Corpus Christi 1993).published
    The Court reaffirmed this holding in Potts v. State, 571 S.W.2d 180, 181-82 (Tex.Crim.App.1978); See Elliott v. State, 768 S.W.2d 351, 353 (Tex.App.—Corpus Christi 1989, no pet.).
  • Johnathon Lewis Vasquez v. State, No. 07-12-00097-CR (Tex. App.—Amarillo Dec. 20, 2012).unpublished
    (stating that a judicial confession is sufficient to sustain a conviction upon a guilty plea even if the defendant does nothing more than affirm that the allegations in the indictment are true and correct)
  • Michael Anthony Pena v. State, No. 07-11-00222-CR (Tex. App.—Amarillo Dec. 20, 2012).unpublished
    (stating that a judicial confession is sufficient to sustain a conviction upon a guilty plea even if the defendant does nothing more than affirm that the allegations in the indictment are true and correct)
Show 1 more citing case
  • Rhonda Rohane v. State, No. 07-04-00501-CR (Tex. App.—Amarillo Jan. 5, 2005).unpublished
    See Potts v. State , 571 S.W.2d 180, 181 (Tex.Crim.App. 1978).
At page 180 “appellant took the stand and testified.”0 citing cases3 citing courts quote it
    Other citing cases2 with no pin cite or quoted language on record
    Retrieving the full opinion text from the archive…
    Mary POTTS, Appellant,
    v.
    the STATE of Texas, Appellee
    56676, 56677.
    Court of Criminal Appeals of Texas.
    Sep 27, 1978.
    Published opinion
    571 S.W.2d 180
    1978 Tex. Crim. App. LEXIS 1290
    Harry Louis Zimmermann, Dallas, for appellant., Henry Wade, Dist. Atty., Ronald D. Hinds and Jan Potts, Asst. Dist. Attys., Dallas, for the State.
    Roberts, Phillips, Vol-Lers.
    Cited by 83 opinions  |  Published
    2 passages pin-cited by 2 cases
    Pinpoint authority: #39,009 of 633,719
    Citer courts: Court of Appeals of Texas (2)

    OPINION

    PHILLIPS, Judge.

    These are appeals from convictions for the offense of theft over $200.00. V.T.C.A., Penal Code, Section 31.03. The appellant waived a trial by jury and entered a plea of guilty in each case.

    Appellant contends that the evidence is insufficient to support the conviction. Article 1.15, V.A.C.C.P., provides that where a jury is waived in a felony case, “it shall be necessary for the state to introduce evidence into the record showing the guilt of the defendant and said evidence shall be accepted by the court as the basis for its judgment and in no event shall a person charged be convicted upon his plea without sufficient evidence to support the same.”

    The State introduced into evidence appellant’s confessions without objection. Appellant took the stand and testified that the contents of the confessions were “substantially true and correct.” No other testimony was offered. Therefore, in order to determine the sufficiency of the evidence, we must look to the appellant’s confessions. [1] The confessions do not state that the property was taken without the owner’s effective consent as was alleged in the indictment.

    In Adam v. State, Tex.Cr.App., 490 S.W.2d 189, the defendant pled guilty to the court and executed a consent to stipulate the evidence. The consent to stipulation read, in pertinent part, as follows:

    “Said defendant . . . agrees and stipulates that he, the said defendant, is the identical person named in the indictment in the above styled and numbered cause and that all the acts and allegations in said indictment . . . charging the offense of Sale of a Narcotic Drug to-wit: Heroin are true and correct..."

    This Court wrote:

    “This ‘catch-all’ stipulation is sufficient to constitute a judicial confession which will alone support a conviction.”

    [*182] In Miles v. State, Tex.Cr.App., 486 S.W.2d 326, the defendant’s affidavit by which he agreed to the stipulation of testimony and which was admitted into evidence stated, “All the acts and allegations in said indictment charging the offense of Passing as. True a Forged Instrument are true and correct . . . .” It is evident, therefore, that an affirmation of the indictment as true and correct will constitute a judicial confession sufficient to support a judgment of conviction.

    Should then a judicial confession that one committed an offense as charged in the indictment and an in-court affirmation of that judicial confession constitute compliance with the requirement of Article 1.15, V.A.C.C.P.? We believe it does, especially since there has been no allegation that the appellant was denied a copy of the indictment. In fact, the appellant here admitted before the bench that she understood what she was charged with, that she did not want to hear the charges read to her again, and that the judicial confessions introduced by the State were substantially true and correct. Having concluded the evidence to be sufficient for purposes of Article 1.15, supra, we overrule those contentions of appellant which in effect allege the evidence to be insufficient to sustain the judgment. See generally York v. State, Tex.Cr.App., 566 S.W.2d 936.

    There being no reversible error, the judgment is affirmed.

    1

    . Appellant’s confession in Cause No. F76-863-NJ reads:

    “I judicially confess that on the 18 day of December 1975, in Dallas County, Texas, with the intent to deprive the owner, Barney Topporoff, of property, namely, five pantsuits, I did intentionally and knowingly unlawfully exercise control over such property which had a value of at least $200.00 but less than $10,000.00, as charged in the indictment.”

    Appellant’s confession in Cause No. F15-12384 — MKJ reads:

    “I judicially confess that on the 1 day of November 1975, in Dallas County, Texas, with the intent to deprive the owner, Loretta Anderson, of property, namely, two pantsuits, I did intentionally and knowingly unlawfully exercise control over such property which had a value of at least $200.00 but less than $10,000.00, as charged in the indictment.”